Law Of Individual Application to The Constitutional Court and The European Court Of Human Rights
Individual application is a secondary judicial remedy that can be applied by individuals after the exhaustion of all administrative and legal processes, which are other remedies of individuals whose fundamental rights and freedoms have been violated due to acts, acts or omissions of public power. In this sense, individual application does not cover private law relations between individuals, but only covers violations of rights arising from the active or passive state of public power; It covers the loss of rights resulting from violations and omissions that have arisen as a result of actions or actions performed or not carried out by public power.
As a result of the referendum held on 12 September 2010 regarding the constitutional amendment, individual application to the Constitutional Court was opened and the provisions regarding individual application were started to be implemented as a new way of seeking rights in our legal system as of 23 September 2012. Thus, in case of violation of one of the fundamental rights and freedoms guaranteed in the Constitution (Right to Personal Freedom and Security, Right to a Fair Trial, Right to Property, Right to Education and Education, Right to Respect for Private Life, Family Life, Freedom of Housing and Communication, Right to Free Election, Opinion, In case of violation of Freedom of Expression, Religion and Conscience, Freedom of Expression and Dissemination of Thought, Freedom of Association and Assembly, Prohibition of Torture, Principle of Equality and Prohibition of Discrimination, Legality of Crimes and Punishments, Protection of Basic Rights and Freedoms, Right to Life) the way to apply as a domestic remedy has been opened.
Since Individual Application to the Constitutional Court is accepted as a domestic remedy, it should be emphasized that it is a domestic remedy that must be exhausted before applying to the European Court of Human Rights.
If the rights protected under the European Convention on Human Rights are not protected within the scope of the decisions given by the Constitutional Court, an application can be made to the European Court of Human Rights within six months from the delivery of these decisions, provided that other conditions are also met.
Individual Application to the European Court of Human Rights; In case of violation of Article 34 of the European Convention on Human Rights, with the subheading “Individual Application”, of the rights recognized in the Convention or its protocols (which are the rights protected under the Convention; the right to life, the prohibition of torture, the prohibition of slavery and forced labor, the right to freedom and security, the right to a fair trial, punishment legality, protection of private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of association and assembly, right to marry, right to effective application, prohibition of discrimination, protection of property, right to education, right to free elections, prohibition of deprivation of liberty due to debt , freedom of movement, prohibition of deportation of citizens, prohibition of mass expulsion of foreigners, abolition of the death penalty, procedural guarantees for the deportation of foreigners, right to a two-tiered trial in criminal matters, right to compensation in case of judicial error, not to be tried and punished twice for the same crime right, the right to equality between spouses the person or non-governmental organization exposed to the violation can make an individual application to the court (ECHR) after the domestic legal remedy has been exhausted stating that the person will not be prevented from exercising this right in any way. expresses commitment.
Individual applications to be made to both the Constitutional Court and the European Court of Human Rights require expertise, are subject to extremely strict procedural and formal conditions, and the procedure, application conditions and the application petition to the ECtHR must be result-indexed. It is an obligation and necessity to be prepared by competent and experienced lawyers.
Gunes & Gunes Law Firm is one of the best and most distinguished international law firms not only in Antalya but also in Turkey with this experience and competence.
Our individual application request regarding “Violation of Freedom of Expression Due to Punishment of Criticisms Against a Politician Against the Lawsuits” filed by our Law Office to the Constitutional Court was accepted and the First Division of the Constitutional Court. The court had in the decision (Osman Palçik application number 2018/ 25073) decided that the freedom of expression guaranteed in Article 26 of the Constitution had been violated. This decision is a precedent for the Turkish judiciary. You can reach the decision at https://anayasa.gov.tr/media/7198/2018-25073.pdf.
Why Gunes & Gunes Law Firm?
With the above-mentioned decision, the experienced and experienced lawyers of our law firm are more than happy to provide legal consultancy and advocacy services for our clients in their applications to both the Constitutional Court (AYM) and the European Court of Human Rights (ECHR). consent
You can contact us for your Individual Application to the Constitutional Court, for your application to the European Court of Human Rights and for the ECHR attorneyship.
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